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Borough of Columbia, PA
Lancaster County
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Table of Contents
Table of Contents
Any activity regulated by this chapter shall only occur in such a way that conforms with the regulations of this chapter. See § 220-3A.
This chapter is hereby adopted:
A. 
In accordance with the requirements and purposes [including Sections 604 and 605 or their successor section(s), which are included by reference] of the Pennsylvania Municipalities Planning Code,[1] as amended; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
In accordance with goals and objectives of the Columbia Comprehensive Plan, which are hereby included by reference.
A. 
Applicability.
(1) 
Any of the following activities or any other activity regulated by this chapter shall only be carried out in conformity with this chapter:
(a) 
Erection, construction, movement, placement or extension of a structure, building or sign;
(b) 
Change of the type of use or expansion of the use of a structure or area of land;
(c) 
Creation of a lot or alteration of lot lines; and/or
(d) 
Creation of a new use.
(2) 
Zoning permit. A zoning permit indicates that a zoning application complies with this chapter to the best knowledge of the applicable Borough staff.
(a) 
A zoning permit is required to be issued prior to the start of any of the following activities:
[1] 
Erection, construction, movement, placement or expansion of a structure, building or sign;
[2] 
Change of the type of use or expansion of the use of a structure or area of land;
[3] 
Creation of a new use; and/or
[4] 
Demolition of a building. (See Chapter 105, Demolition Permits.)
(b) 
The Borough may issue combined or separate building permits and zoning permits and/or may utilize one application for both permits.
B. 
Repairs and maintenance. Ordinary repairs and maintenance to existing structures shall not by itself be regulated by this chapter.
C. 
Types of uses.
(1) 
Permitted by right uses. The Zoning Officer shall issue a permit under this chapter in response to an application for a use that is permitted by right if it meets all of the requirements of this chapter.
(2) 
Special exception use or application requiring a variance. A permit under this chapter for a use requiring a special exception or variance shall be issued by the Zoning Officer only in response to a written decision of the Zoning Hearing Board following a hearing.
D. 
Applications.
(1) 
Submittal. All applications for a zoning permit or a decision by the Zoning Hearing Board shall be made in writing on a form provided by the Borough. Such completed application, with required fees, shall be submitted to a designated Borough staff-person.
(2) 
Site plan. The applicant shall submit a minimum of two copies of a site plan with the application if the application involves a new principal building, expansion of a principal building or addition of three or more parking spaces. The site plan shall be drawn to scale and show the following:
(a) 
Locations, dimensions and uses of existing and proposed structures, parking and loading areas, and locations of existing and proposed uses of areas of land, with existing features clearly distinguished from proposed features.
(b) 
Notes showing the dimensions of all buildings from lot lines.
(3) 
Additional information. Any application under this chapter shall include the following information, unless the Zoning Officer determines such information is unnecessary to determine compliance with this chapter:
(a) 
The address of the lot;
(b) 
Name and address of the applicant, and of the owner of the property if different from the applicant;
(c) 
A description of the proposed use of the property;
(d) 
All other applicable information listed on the official Borough application form; and
(e) 
Such additional information that the Zoning Officer may determine is necessary to determine compliance with this chapter.
(4) 
Submittals to the Board. In addition to the information listed in Subsection D(3) above, an application requiring a site plan and action by the Zoning Hearing Board shall also include the following information, unless the Zoning Officer determines that such information is unnecessary to determine compliance with this chapter:
(a) 
The present zoning district and major applicable lot requirements.
(b) 
For a nonresidential use:
[1] 
A description of the proposed nonresidential operations and storage in sufficient detail to indicate potential nuisances and hazards regarding noise, large truck traffic, glare, odors, dust, fire or toxic or explosive hazards or other significant public health and safety hazards;
[2] 
A list of the maximum hours of operation.
(c) 
A listing of any sections of this chapter being appealed, with the reasons for any appeal.
(d) 
A listing of any special exceptions being requested by the applicant, identifying the specific sections of this chapter authorizing such special exception.
(e) 
A listing of all variances from requirements of this chapter requested by the applicant, including a reference to the specific sections from which variances are requested.
(5) 
Ownership. No person other than a landowner or their specifically authorized agent or a tenant or lessee with written permission of the landowner shall submit a zoning application (see definition of "landowner" in Article II).
E. 
Issuance of permits.
(1) 
At least one copy of each permit application and any other zoning approval shall be retained in Borough files.
(2) 
PennDOT permit. Where necessary for access onto a state road, a Borough zoning or building permit shall be automatically conditioned upon issuance of a PennDOT highway occupancy permit.
F. 
Revocation of permits; appeal of permit or approval.
(1) 
Revocation. The Zoning Officer shall revoke, withhold or suspend a permit or approval issued under the provisions of this chapter in case of one or more of the following:
(a) 
Any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based (Note: The Pennsylvania Criminal Code provides for penalties for providing false information to a municipal employee in the carrying out of his/her duties);
(b) 
Upon violation of any condition lawfully imposed by the Zoning Hearing Board upon a special exception use or variance;
(c) 
Any work being accomplished or use of land or structures in such a way that does not comply with this chapter or an approved site plan or approved permit application; and/or
(d) 
For any other just cause set forth in this chapter.
(2) 
Appeals. A party with legitimate standing, or as otherwise provided by state law, may appeal decisions under this chapter within the provisions of the State Municipalities Planning Code. Any such appeal shall occur within the time period established in the State Municipalities Planning Code. (As of the adoption date of this chapter, such provisions were in Sections 914.1 and 1002.A.)
G. 
Zoning permit for temporary uses and structures.
(1) 
A zoning permit for a temporary use or structure may be issued by the Zoning Officer for any of the following:
(a) 
Customary, routine and accessory short-term special events, provided that only a temporary use that primarily serves a charitable, public service or religious purpose shall be eligible to receive approval for commercial-type activities in a district where a commercial use would not otherwise be permitted;
(b) 
Temporary storage and office trailers that are necessary to serve on-site construction, while such construction is actively underway;
(c) 
Such other activities that the applicant proves are routine, customary and temporary.
(2) 
Time period. The Zoning Officer shall state a reasonable maximum time period on the temporary permit. If no time limit is stated, then a six-month maximum period shall apply. A temporary permit may be renewed for just cause.
H. 
Compliance with Chapter 190, Subdivision and Land Development. If an application under this chapter would also be regulated by the Borough Subdivision and Land Development Ordinance ("SALDO"), then any permit or approval under this chapter shall automatically be conditioned upon compliance with the SALDO. See the definitions of "land development" and "subdivision" in the SALDO.
(1) 
For example, if an applicant applies for a single-family detached dwelling on a proposed new lot, the construction permit for such dwelling shall not be valid until after the lot is granted final subdivision approval and the lot is officially recorded by the County Recorder of Deeds.
A. 
After receiving a proper application, the Zoning Officer shall either issue the applicable permit(s), or deny the application(s) as submitted indicating one or more reasons.
B. 
After the permit under this chapter has been issued, the applicant may undertake the action specified by the permit, in compliance with other Borough ordinances. However, it is recommended that applicants wait 30 days to begin construction if there is a possibility of an appeal by another party to have the permit revoked. Any commencement of construction or a use within this thirty-day appeal period shall be at the risk of the applicant.
A. 
Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable Borough ordinance.
B. 
Uses not specifically regulated. If a use clearly is not permitted by right, or as a special exception use by this chapter within any zoning district, the use is prohibited, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1) 
The proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the district;
(2) 
The proposed use would be closely similar in impacts and character to uses permitted in that district, considering the standards in § 220-61F;
(3) 
The use would meet the standards that would apply under 220-16C to a special exception use; and
(4) 
The use is not specifically prohibited in that district.
C. 
Interpretation of chapter text and boundaries.
(1) 
The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor to aid in the Zoning Officer's determination.
(2) 
If an applicant disagrees with the Zoning Officer's determination and believes that the chapter should be interpreted in the applicant's favor, the applicant may appeal to the Zoning Hearing Board. See § 220-11.
D. 
Undefined terms/interpretation of definitions. See § 220-18.
E. 
Interpretation of zoning boundaries. See § 220-23.
All of the enforcement, violations and penalty provisions of the State Municipalities Planning Code, as amended, are hereby incorporated into this chapter by reference. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 616.1, 617 and 617.2 of such Act.)
A. 
Violations. Any person who shall commit or who shall permit any of the following actions violates this chapter:
(1) 
Failure to secure a zoning permit prior to a change in use of land or structure, or the erection, construction or alteration of any structure or portion thereof, or the excavation of land to prepare for the erection, construction or alteration of any structure or portion thereof.
(2) 
Placement of false statements on or omitting relevant information from an application for a zoning permit.
(3) 
Undertaking any action in a manner which does not comply with a zoning permit.
(4) 
Violation of any condition imposed by a decision of the Zoning Hearing Board in granting a variance or special exception or other approval.
(5) 
Violation of any condition imposed by a decision of the Borough Council in granting a conditional use.
(6) 
Failure to secure a demolition permit prior to demolition of a building.
(7) 
Failure to obtain a certificate of appropriateness where required under Chapter 130, Historic District.
B. 
Enforcement notice. If the Borough has reason to believe that a violation of a provision of this chapter has occurred, the Borough shall initiate enforcement proceedings by sending an enforcement notice as provided in Section 616.1 of the State Municipalities Planning Code. Prior to sending an official enforcement notice, the Zoning Officer may at his/her option informally request compliance.
C. 
Time limits. An official enforcement notice shall state the deadline to complete bringing the property into compliance with this chapter, and shall state that the applicant has 30 days from the receipt of the notice to appeal to the Zoning Hearing Board.
D. 
Causes of action; enforcement remedies. The causes of action and enforcement remedies provisions of the State Municipalities Planning Code, as amended, are hereby incorporated by reference. (Note: As of the adoption date of this chapter, such provisions were in Section 617 of such law.)
(1) 
Enforcement action. If the enforcement notice is not complied with promptly, the Zoning Officer shall notify Borough Council. Borough Council may request the Borough Solicitor to institute in the name of the Borough any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the structure, building, sign, landscaping or land in violation of the provisions of this chapter or the order or direction made pursuant thereto. The Zoning Officer or Assistant Zoning Officer shall have the authority to initiate a civil enforcement proceeding before a District Justice, within the procedures established by Sections 616.1, 617, 617.1 and 617.2 of the Pennsylvania Municipalities Planning Code, as amended, which are hereby incorporated by reference.
(2) 
Violations and penalties. Any person who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500, plus all court costs, including the reasonable attorney's fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure.
(a) 
Each day that a violation continues shall constitute a separate violation, unless a District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
(b) 
All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Borough for the general use of the Borough.
(c) 
Imprisonment shall not be authorized under this chapter for failure to pay fines.
(3) 
Remedies. In case any building, structure, sign or landscaping is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any building, structure, sign or land is used; or any hedge, shrub, tree or other growth is maintained in violation of this chapter or of any of the regulations made pursuant thereto or any of the permits or certificates of use and occupancy issued under this chapter or any conditions imposed upon the grant of a special exception or variance by the Zoning Hearing Board or upon the grant of a conditional use, then, in addition to any other remedies provided by law, any appropriate action or proceeding may be instituted or taken to prevent or restrain such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use or to prevent any illegal act, conduct, business or use in and about such premises.
E. 
Enforcement evidence. In any appeal of an enforcement notice to the Zoning Hearing Board, the Borough shall have the responsibility of presenting its evidence first.
A Borough fee schedule for permits and applications may be established and amended by written resolution of Borough Council. No application or appeal shall be considered filed until all fees are paid.
Within the requirements of the State Municipalities Planning Code, Borough Council may amend or repeal any or all portions of this chapter on its own motion, or after agreeing to hear a written request of any person, entity, landowner or the Planning Commission.
A landowner or Borough Council may utilize the curative amendment provisions of the State Municipalities Planning Code. (Note: As of the adoption date of this chapter, these such provisions were in Sections 609.1, 609.2 and 916.1 of such Act.)
A. 
Appointment. The Zoning Officer shall be appointed by Borough Council. The Zoning Officer shall not hold any elective office within the Borough, but may hold other appointed offices. One or more Assistant Zoning Officers may serve in the same manner and have the same authority as the Zoning Officer, under the general direction of the Zoning Officer.
B. 
Duties and powers. The Zoning Officer's duties and powers shall include the following:
(1) 
Administer this chapter in accordance with its literal terms, including to receive and examine all applications required under the terms of this chapter, and issue or refuse permits within the provisions of this chapter;
(2) 
Conduct inspections to determine compliance, and receive complaints of violation of this chapter;
(3) 
Keep records of applications, permits, certificates, written decisions, and variances granted by the Board, and of enforcement orders, with all such records being the property of the Borough and being available for public inspection;
(4) 
Review proposed subdivisions and land developments for compliance with this chapter; and
(5) 
Take enforcement actions as provided by the State Municipalities Planning Code, as amended.
A. 
Membership of Board.
(1) 
The Zoning Hearing Board shall consist of five residents of the Borough appointed by Borough Council. The existing terms of office shall continue, with terms of office being five years, and with the terms being so fixed that the term of office of one member shall expire each year. Members of the Board shall hold no other office in the Borough.
(2) 
Alternate members. Borough Council may appoint alternate members of the Zoning Hearing Board within the applicable provisions of the State Municipalities Planning Code. [Note: As of the adoption date of this chapter, such provisions were in Section 903(b) of such Act.]
B. 
Vacancies. Appointments to fill vacancies shall be only for the unexpired portion of a term.
C. 
Organization. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. [As of the adoption date of this chapter, these provisions were in Sections 906(a), (b) and (c) of such Act.]
D. 
Zoning Hearing Board jurisdiction and functions. The Zoning Hearing Board shall be responsible for the following:
(1) 
Appeal of a decision by the Zoning Officer.
(a) 
The Board shall hear and decide appeals where it is alleged by an affected person, entity or Borough Council that the Zoning Officer has improperly acted under the requirements and procedures of this chapter.
(b) 
See time limitations for appeals in § 220-11F.
(2) 
Challenge to the validity of the chapter or map. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were primarily in Sections 909.1 and 916[1] of such Act.)
[1]
Editor's Note: See now Section 915.1 of the Municipalities Planning Code (53 P.S. § 10915.1).
(3) 
Variance.
(a) 
The Board shall hear requests for variances filed with the Borough staff in writing.
(b) 
Standards. The Board may grant a variance only within the limitations of state law. Note: As of the adoption date of this chapter, Section 910.2 of the State Municipalities Planning Code provided that all of the following findings must be made, where relevant:
[1] 
There are unique physical circumstances or conditions (including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property) and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located;
[2] 
Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and a variance is therefore necessary to enable the reasonable use of the property;
[3] 
Such unnecessary hardship has not been created by the appellant;
[4] 
The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
[5] 
The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(c) 
In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
(d) 
The Borough Planning Commission should be provided with an opportunity to provide a review of a variance request.
(4) 
Special exception.
(a) 
The Board shall hear and decide requests for all special exceptions filed with the Borough staff in writing. The Board shall only permit a special exception that is authorized by this chapter. See § 220-16.
(b) 
Conditions. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.
(c) 
The Borough Planning Commission should be provided with an opportunity to review a special exception application.
(5) 
Persons with disabilities. After the Zoning Officer receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are necessary to provide a "reasonable accommodation" under the Americans With Disabilities Act and/or the Federal Fair Housing Act and/or applicable state law, as amended, to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(6) 
The Zoning Hearing Board shall also hear any other matters as set forth in the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were primarily within Section 909.1 of such law.)
E. 
Time limits for appeals. The applicable provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Section 914.1 of such Act.)
F. 
Stay of proceedings. The stay of proceedings provisions of the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, such provisions were in Section 915.1 of such Act.)
G. 
Time limits on permits and approvals.
(1) 
After a variance is approved or other zoning approval is officially authorized, then any applicable zoning and building permits shall be secured by the applicant within 12 months after the date of such approval or authorization. The work authorized by such permits shall then be completed within 12 months after the issuance of the permits.
(2) 
Extension. In response to an applicant stating good cause in writing, the Zoning Officer may extend in writing the time limit for completion of work to a maximum total of 36 months after permits are issued. The Zoning Hearing Board may also establish in writing a time period longer than is provided in Subsection G(1) as part of an approval.
(3) 
If an applicant fails to obtain the necessary permits or begin construction within the above time periods, or allows interruptions in substantial construction of longer than 12 months, the Zoning Officer may conclusively presume that the applicant has waived, withdrawn or abandoned approvals and permits under this chapter and may consider all such approvals and permits to have become null and void.
(4) 
The time limits of this Subsection G shall also apply to permits and approvals received under the Zoning Ordinance of 1967, as amended, unless specifically provided for otherwise by applicable law.
The following requirements shall apply to procedures, hearings and decisions of the Zoning Hearing Board:
A. 
Notice of hearings. Notice of all hearings of the Board shall be given as follows:
(1) 
Ad. Public notice shall be published, as defined by Section 107 of the State Municipalities Planning Code. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered.
(2) 
Posting. Notice of such hearing shall be conspicuously posted on the affected tract of land at least one week prior to the hearing. It is the responsibility of the applicant to make sure that such notice is posted and remains posted until the hearing.
(3) 
Persons given notice. The Borough shall provide written notice to the applicant of the time and place of the hearing. The Borough should also provide notice to the President of Borough Council. Any such notices should be mailed or delivered to the last known address.
B. 
Initiation of hearings. A hearing required under this chapter shall be initiated within 60 days of the date of an applicant's request for a hearing, unless the applicant has agreed in writing to an extension of time.
C. 
Decision/findings.
(1) 
The Board shall render a written decision on each application within 45 days after the last hearing on that application before the Board, unless the applicant has agreed in writing to an extension of time.
(2) 
Where the application is contested or denied, the decision shall be accompanied by findings of fact and conclusions based thereon, together with the reasons for such conclusions.
(3) 
References shall be provided to the most pertinent section(s) of this chapter and/or the State Municipalities Planning Code.
D. 
Notice of decision. A copy of the final decision shall be personally delivered or mailed to the applicant or his/her representative or their last known address not later than the time limit established by the State Municipalities Planning Code, as amended. Also, such notice shall be given to any other person or group (including civic or community organizations) who has made a written timely request for such notice. [Note: As of the adoption date of this chapter, such provisions were within Sections 908(9) and 908(10) of such Act, including provisions regarding notice to other parties.]
E. 
State law. See also Section 908 of the Pennsylvania Municipalities Planning Code.
The provisions for appeals to court that are stated in the State Municipalities Planning Code, as amended, shall apply. (Note: As of the adoption date of this chapter, these provisions were in Sections 1001-A, 1002-A, 1003-A, 1004-A, 1005-A and 1006-A of such Act.)
See the provisions of the State Municipalities Planning Code, as amended. (Note: As of the adoption date of this chapter, such provisions were within Section 619 of such Act.)
The minimum lot area, minimum lot width and minimum street frontage requirements of this chapter shall not apply to uses or structures owned by Columbia Borough or by a municipal authority created solely by Columbia Borough for such uses and structures.
A. 
Purpose. The special exception process is designed to allow careful review of uses that have some potential of conflicts with adjacent uses or areas.
B. 
Special exception procedure.
(1) 
See submission provisions in § 220-3.
(2) 
All site plans shall contain the information required in § 220-3D.
(3) 
The Zoning Officer should provide a review to the Board regarding the compliance of the application with this chapter.
(4) 
The Board shall follow the procedures provided in § 220-12.
(5) 
The Borough Planning Commission should be provided with an opportunity to provide a review.
C. 
Consideration of special exception applications. When special exceptions are provided for in this chapter, the Board shall hear and decide requests for such special exceptions in accordance with stated standards and criteria. The Board may grant approval of a special exception provided that the applicant complies with the following standards for special exceptions and that the proposed special exception shall not be detrimental to the health, safety or welfare of the neighborhood. The burden of proof shall rest with the applicant.
(1) 
Compliance with this chapter. The applicant shall establish by credible evidence compliance with all conditions on the special exception enumerated in the section which gives the applicant the right to seek the special exception. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(2) 
Compliance with other laws. The applicant shall establish by credible evidence compliance with all applicable Borough, state and federal ordinances, statutes and regulations. The applicant shall provide the Board with sufficient plans, studies or other data to demonstrate compliance with all applicable regulations.
(3) 
Traffic and public services. The applicant shall establish by credible evidence that the proposed special exception shall be properly serviced by all existing public service systems. The peak traffic generated by the subject of the application shall be accommodated in a safe and efficient manner or improvements made in order to effect the same. Similar responsibilities shall be assumed with respect to other public service systems including but not limited to police protection, fire protection, utilities, parks and recreation.
(4) 
Site planning. The applicant shall establish by credible evidence that the proposed special exception shall be in and of itself properly designed with regard to internal circulation, parking, buffering and all other elements of proper design as specified in this chapter and any other governing law or regulation.
(5) 
Neighborhood. The applicant shall establish by credible evidence that the proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of property adjacent to the area included in the special exception application will be adequately safeguarded.
(6) 
Historic. The applicant shall establish that the proposed special exception will not substantially damage the historic character of a significant historic area.
D. 
Conditions. In granting a special exception, the Board may require such reasonable conditions and safeguards (in addition to those expressed in this chapter) as it determines is necessary to implement the purposes of this chapter. Conditions imposed by the Zoning Hearing Board shall automatically become conditions of the building permit issued pursuant thereto, and any failure to comply with said conditions shall be a violation of this chapter.
A. 
Any review of activity within the floodplain, site plan review, subdivision or land development approval, erosion control review, wetland delineation review, stormwater runoff review, review of activity on steep slopes, or any other review, approval or permit under this chapter by an officer, employee, board, commission, solicitor, consultant or agency of the Borough shall not constitute a representation, guarantee or warranty of any kind by the Borough, or its employees, officials, boards, solicitor(s), consultants or agencies of the practicality or safety of any structure, use or subdivision, and shall create no liability upon nor a cause of action against such entity or person for any damage that may result pursuant thereto.
B. 
If the Zoning Officer mistakenly issues a permit under this chapter, the Borough shall not be liable for any later lawful withdrawal of such permit.